This chapter is to protect the public health, safety and welfare
in all existing structures, residential and nonresidential, and on
all existing premises as hereinafter provided, by:
A.Â
Establishing minimum maintenance standards for all structures and
premises; for basic equipment and facilities; for light, ventilation,
heating and sanitation; for safety from fire; for space, use and location;
and for safe and sanitary maintenance of all structures and premises
now in existence, as well as maintenance of future structures.
B.Â
Fixing the responsibilities of owners, operators and occupants of
all structures.
C.Â
Providing for administration, enforcement and penalties.
A.Â
ACCESSORY STRUCTURE
BASEMENT
BATHROOM
BUILDING
BUILDING CODE
CELLAR
CENTRAL HEATING SYSTEM
DWELLING
DWELLING UNIT
EMANCIPATED MINOR
EXTERMINATION
FIRE HAZARD
(1)Â
(2)Â
(3)Â
(4)Â
FLOOR AREA, SUPERFICIAL
GARBAGE
HABITABLE ROOMS
HOUSING INSPECTORS
IMMEDIATE FAMILY
INDEPENDENT ROOMING UNIT
INFESTATION
KITCHEN
LITTER
MIXED OCCUPANCY
NUISANCE
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
(6)Â
(7)Â
(8)Â
(9)Â
OCCUPANT
OPERATOR
OWNER
PLANT LIFE
PLUMBING
PREMISES
PUBLIC AUTHORITY
PUBLIC OFFICER
PUBLIC VIEW
REFUSE
ROOM
ROOMING UNIT
RUBBISH
SANITARY SEWER
SEWAGE
STORY
STRUCTURE
SUPERFICIAL FLOOR AREA
VENTILATION
VENTILATION, MECHANICAL
VENTILATION, NATURAL
WASHROOMS
WATER CLOSET COMPARTMENT
Definitions. The following terms, wherever used herein or referred
to in this chapter, shall have the respective meanings assigned to
them, unless a different meaning clearly appears from the context:
A structure, the use of which is incidental to that of the
main building and which is attached thereto or located on the same
premises.
The portion of the building that is partly underground which
has more than one-half (1/2) of its height, measured from clear floor
to ceiling, above the average adjoining ground level. Where the natural
contour of the ground level immediately adjacent to the building is
interrupted by ditching, pits or trenching, then the average adjoining
ground level shall be the nearest natural contour line parallel to
the walls of the building without regard to the levels created by
the ditching, pits or trenching.
Enclosed space containing one or more bathtubs or showers,
or both, and which shall also include toilets, lavatories or fixtures
serving similar purposes.
A combination of materials to form a construction adapted
to permanent or continuous occupancy or use for public, institutional,
residence, business or storage purposes.
The State Uniform Construction Code. (N.J.A.C. 5:23-3.1)
Lowermost portion of the building partly or totally underground,
having half or more of its height, measured from clear floor to ceiling,
below the average adjoining ground level. Where the natural contour
of the ground level immediately adjacent to the building is interrupted
by ditching, pits or trenching, then the average adjoining ground
level shall be the nearest natural contour line parallel to the walls
of the building without regard to the levels created by the ditching,
pits or trenching.
A heating system in a fire-resistant enclosed space or spaces,
separate and apart from the area to be heated, which system is permanently
affixed on a fireproof base and connected by breaching to a stack
in accordance with the Building Code. Direct electric and/or gas heating
systems without the use of a boiler, serving all dwelling units in
a structure, are exempt from the above requirements.
Any building or structure or part thereof used and occupied
for human habitation or intended to be so used, and includes any appurtenances
belonging thereto or used therewith.
A group of interrelated rooms intended or designated for
transient residential use of one family, separated from the other
spaces by lockable doors, having access to the outside without crossing
another dwelling and having living, eating and sleeping facilities.
Any person under the age of 18 who is gainfully employed
and self-supporting, who is married to a spouse who is gainfully employed
and who supports the same minor, or who is a student living away from
home and in regular attendance at an institution of higher learning.
The control and extermination of insects, rodents and vermin
by eliminating their harborage places; by removing or making inaccessible
material that may serve as their food; by poisoning, spraying, fumigating,
trapping or by other approved methods of pest elimination.
Any device or condition likely to cause fire and which is so
situated as to endanger either persons or property.
The creation, maintenance or continuance of any physical condition
by reason of which there exists a use, accumulation or storage for
use of combustible or explosive material sufficient in amount or so
located or in such a manner as to put in jeopardy, in event of ignition,
either persons or property.
The obstruction to or of fire escapes, ladders which may be
used as escapes, stairways, aisles, exits, windows, passageways or
halls, likely, in the event of fire, to interfere with the operation
of the Fire Department or of the safety and ready egress of the occupants.
The violation of any rule now or hereafter promulgated by the
Division of Code Enforcement of the City of South Amboy.
The net floor area within the enclosing walls of the room,
excluding built-in equipment such as wardrobes, cabinets, closets,
kitchen units or fixtures which are not readily removable and excluding
the floor area where the floor-to-ceiling height is less than four
and one-half (4Â 1/2) feet.
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food. See also "refuse"
and "rubbish."
Rooms used or designated for use by one or more persons for
living or sleeping or cooking and eating, but not including bathrooms,
water closet compartments, laundries, serving and storage pantries,
corridors, foyers, vestibules, cellars, heater rooms, boiler rooms,
utility rooms and other rooms or spaces that are not used frequently
or for an extended period of time or that have less than 50 square
feet of superficial floor area.
All officials, officers or employees of the City of South
Amboy, entrusted with the enforcement of this chapter.
The head of the family, spouse, the parents and children,
including adopted children, of either the head of the family or spouse.
There shall be a rebuttable presumption that three or more persons
occupying any dwelling unit or rooming unit are not related to one
another so that any two or more shall be members of an "immediate
family," and the burden of proving such relationship shall be on the
person or persons asserting it.
A rooming unit in other than a single-family dwelling which
opens directly to the exterior of the premises by way of a common
hallway, common areaway or door to the exterior of the premises without
passing through any other rooming unit or dwelling unit.
The presence of insects, rodents, vermin or other pests on
the premises which constitute a health hazard.
Any room or part of a room used for cooking or for the preparation
of food.
See "rubbish."
Any building containing one or more dwelling units or rooming
units and also having a portion thereof devoted to nondwelling uses
or as a hotel.
Any public nuisance known at public law or in equity jurisprudence
or as provided by the statutes of the State of New Jersey or in the
ordinances of the City of South Amboy.
Any attractive nuisance which may prove detrimental to the health
or safety of children, whether in a building, on the premises of a
building or upon an unoccupied lot. This includes but is not limited
to: abandoned wells, shafts, basements, excavations, abandoned ice-boxes,
refrigerators, motor vehicles, any structurally unsound fences or
structures, lumber, trash, fences, debris or vegetation such as poison
ivy, oak or sumac, which may prove a hazard for inquisitive minors.
Physical conditions dangerous to human life or detrimental to
health of persons on or near premises where the conditions exist.
Overcrowding of a room with occupants in violation of this chapter.
Insufficient ventilation or illumination in violation of this
chapter.
Inadequate or insanitary sewage or plumbing facilities in violation
of this chapter.
Insanitary conditions or anything offensive to the senses or
dangerous to health in violation of this chapter.
Whatever renders air, food or drink unwholesome or detrimental
to the health of human beings.
Fire hazards.
Any person living in, sleeping in or having actual possession
of a dwelling unit or rooming unit, or any person using or having
actual possession of any nonresidential premises.
Any person who has charge, care or control of a dwelling
or premises or a part thereof, whether with or without the knowledge
and consent of the owner.
Any person who, alone or jointly or severally with others,
shall have legal or equitable title to any premises, with or without
accompanying actual possession thereof; or shall have charge, care
or control of any dwelling or dwelling unit, as owner or agent of
the owner, or as executor, executrix, administrator, administratrix,
trustee, receiver or guardian of the estate, or as a mortgagee in
possession regardless of how such possession was obtained. Any person
who is a lessee subletting or reassigning any part or all of any dwelling
unit shall be deemed to be a co-owner with the lessor and shall have
joint responsibility over the portion of the premises sublet or assigned
by said lessee.
Includes trees, hedges, shrubbery, brush and other plant
life.
All of the following supplies, facilities and equipment:
gas pipes, gas-burning equipment, water pipes, garbage disposal units,
waste pipes, water closets, sinks, installed dishwashers, lavatories,
bathtubs, shower baths, installed clothes-washing machines, catch
basins, vents and any other similar supplied fixtures, together with
all connections to water, sewer or gas lines, and water pipes and
lines utilized in conjunction with air-conditioning equipment.
A lot, plot or parcel of land, including the buildings or
structures thereon.
Any housing authority or any officer who is in charge of
any department or branch of the government of the city relating to
health, fire, building regulations or to other codes or ordinances
concerning dwellings in the City of South Amboy.[1]
The officer who is authorized by this chapter to exercise
the powers prescribed for him.
Any premises or any part thereof, or any building or any
part thereof, which may be lawfully viewed by the public or any member
thereof from a side walk, street, alleyway, licensed open-air parking
lot or from any adjoining or neighboring premises.
All putrescible and nonputrescible solid wastes, except body
wastes, including but not limited to: garbage, rubbish, ashes, street
cleanings, dead animals, abandoned automobiles and solid market and
industrial wastes. See also "garbage" and "rubbish."
Space in an enclosed building, or space set apart by a partition
or partitions, and any space in a building used or intended to be
used as a bedroom, dining room, living room, kitchen, sewing room,
library, den, music room, dressing room, enclosed sleeping porch,
sunroom, party room, recreation room, breakfast room, study, storage
room and similar uses.
Any room or group of rooms forming a single habitable unit
other than a dwelling unit, which is rented or available for rent
for sleeping purposes.
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard,
tin cans, yard clippings, leaves, wood, glass, bedding, crockery and
similar materials, commonly known as "litter" and "trash." See also
"garbage" and "refuse."
Any sanitary sewer owned, operated and maintained by the
City of South Amboy and available for public use for the disposal
of sewage or a sanitary sewerage system approved by the Health Officer
of the City of South Amboy. (New)
Waste from a flush toilet, bathtub, sink, lavatory, dishwashing
or laundry machine, or the water-carried waste from any other fixture
or equipment or machine.
That portion of a building included between the upper surface
of any floor and the upper surface of the floor next above, except
that the topmost story shall be that portion of a building included
between the upper surface of the topmost floor and the ceiling or
roof above. If the finished ceiling level directly above a basement
or cellar is more than four feet above grade, such basement or cellar
shall be considered a "story."
Anything constructed, assembled or erected, the use of which
requires location on the ground or in the ground or attachment to
something having location on or in the ground, and shall include fences,
walls, tanks, towers, advertising devices, bins, tents, lunch wagons,
trailers, dining cars, camp cars or similar structures on wheels or
other supports used for business or living purposes. This includes
any "structure" equipped with a roof, whether permanent or temporary,
such as porches, awnings, canopies, swimming pools, summerhouses,
arbors, balconies and similar elements, fences and signs, but does
not include patios at grade or unroofed surfaces prepared for sports.
The word "structure" shall not apply to utility services entirely
below the ground.
See "floor area, superficial."
Supply and removal of air to and from any space by natural
or mechanical means.
Ventilation by power-driven devices.
Ventilation by opening to outer air through windows, skylights,
doors, louvers or stacks, with or without wind-driven devices.
Enclosed space containing one or more bathtubs or showers,
or both, and which shall also include toilets, lavatories or fixtures
serving similar purposes.
Enclosed space containing one or more toilets, which may
also contain one or more lavatories, urinals and other plumbing fixtures.
B.Â
Meaning of certain words. Whenever the words "accessory structure,"
"building," "dwelling," "dwelling unit," "habitable room," "independent
rooming unit," "premises," "room," "rooming unit," and "structure"
are used in this chapter, they shall be construed, unless expressly
stated to the contrary, to include the plurals of these words and
as if they were followed by the words "or any part thereof." The word
"shall" shall be applied retroactively as well as prospectively.
Upon expressly provided to the contrary in this chapter, the
respective obligations and responsibilities of the owner, operator
and occupant shall not be altered or affected by any agreement or
contract by and between any of the aforesaid or between then and other
parties. The primary responsibility for compliance with the provisions
of this chapter shall be that of the owner.
